Inmates of the Wayne County Prison in Honesdale, Pennsylvania filed a lawsuit under 42 U.S.C. § 1983 against the Pennsylvania Department of Corrections in the U.S. District Court for the Middle District of Pennsylvania. The plaintiffs, represented by Northern Pennsylvania Legal Services, ...
read more >

Inmates of the Wayne County Prison in Honesdale, Pennsylvania filed a lawsuit under 42 U.S.C. § 1983 against the Pennsylvania Department of Corrections in the U.S. District Court for the Middle District of Pennsylvania. The plaintiffs, represented by Northern Pennsylvania Legal Services, asked the court for injunctive relief and damages, alleging that their constitutional rights had been violated by conditions at the prison. Specifically, the plaintiffs complained about deficiencies in the areas of mail delivery, the law library, exercise, hygienic products, maintenance of the commissary, medical care, recreational equipment, and grievance procedures.

On June 7, 1978, the U.S. District Court for the Middle District of Pennsylvania (Judge Malcom Muir) declined to certify the plaintiffs as a class. On September 18, 1978, the court approved a settlement agreement, which addressed all issues except the payment of attorneys' fees. Under the agreement, the defendants were to pay each of the plaintiffs damages in the amount of $550.

On October 3, 1978, the court (Judge Muir) held that the plaintiffs should be awarded attorneys' fees, and ordered the defendants to pay the fees in the amount of $6820. The court then held that no award of other costs or extraordinary expenses would be awarded. Barrett v. Kalinowski, 458 F.Supp. 689 (M.D.Penn. 1978).